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DAILY NEWS

28 JULY 2008

Doctor who?

Liane Topham-Kindley
tophamkindley@xtra.co.nz

Some alternative health practitioners use the title ‘Doctor’ in a way that implies they are registered medical practitioners.

Some practitioners of acupuncture, chiropractic and osteopathy use the title ‘Doctor’ in the New Zealand Yellow Pages, but are not registered medical practitioners, research published in the latest issue of the New Zealand Medical Journal (25 July, online publication) shows.

This misleading use of the title was significantly more common among chiropractors (73 per cent) than acupuncturists (13 per cent) and osteopaths (6 per cent).

Researcher Andrew Gilbey, a business lecturer at Massey University, says using a title that could imply to prospective clients they are consulting a registered medical practitioner, when in reality they are not, is both misleading and illegal.

“Such practice also denies clients the ability to make informed consent about their treatment and could potentially lead to delays in seeking out mainstream medical care due to confusion over the status of the practitioner.”

Practice misleading and illegal
Mr Gilbey points out the practice falls foul of the Health Practitioners Competence Assurance Act (HPCAA) 2003.

The Act states a person may only use names, words, titles, initials, abbreviations or descriptions stating or implying they are a health practitioner of a particular kind if the person is registered and qualified to be.

NZMA chair Peter Foley considers it is time administrators of the HPCAA consider taking a hard line on those who falsely claim to be a doctor.

The public expects someone who works in the health sector and calls themself a doctor to be medically-trained so, in the interests of public safety, “it’s about time someone took a case”, he says.

Medical Council takes action
Medical Council chief executive Philip Pigou told New Zealand Doctor the council has been involved in ongoing discussions with the White and Yellow Pages about use of the title ‘Doctor’.

When a concern about the inappropriate use of the title is highlighted, the council writes to the person involved advising if they take no action to correct the impression they are a registered medical practitioner within two weeks, a complaint will be sent to the Ministry of Health.

The ministry will consider initiating a prosecution, the penalty of which is a criminal conviction and a fine not exceeding $10,000.

“So far, all the practitioners we have written to have complied with this request and ceased using the title ‘Doctor’,” Mr Pigou says.

However, he says it has been very rarely that the council has had to do this.

Title can’t be restricted
Council chair John Campbell says this is a grey area because many non-medical people are fully entitled to use the title as they have a university doctorate. In a number of countries some health practitioners like dentists are referred to as “Doctor” and, to add to the confusion, we refer to some surgeons as “Mr”.

So, the council’s concern is not around using the title “Doctor”, rather with people who represent themselves as a medical practitioner.

Health and safety issue
RNZCGP chief executive Karen Thomas considers the HPCAA is being applied too leniently in relation to the use of the title ‘Doctor’.

The matter is a health and safety issue as the public has the right to be assured of the type of training a practitioner has whom they are consulting.

Ms Thomas has particular concerns that the term ‘general practitioner’ is also often wrongly applied to doctors who do not have postgraduate training in general practice.

A way to gain competitive advantage?
Mr Gilbey is unsure why misuse of the title occurs more with chiropractors. But considers some practitioners may use the title to gain a competitive advantage over others.

Another reason may be “to confer a sense of credibility to practices for which both the scientific rationale and evidence-base are not as strong as for mainstream medicine”.

Calls for tighter controls in advertising
In the UK there are stricter controls around the use of the title ‘Doctor’ in the Yellow Pages. Mr Gilbey recommends the Medical Council make the New Zealand Yellow Pages aware current advertising may encourage illegal behaviour.

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